Refusing to give me my car back

[j4m1025]

A co-worker of mine referred me to his friend to whom I gave my automobile. Her boy friend was the person to actually picked it up. We went to the DMV and I signed a Bill of Sale. The BOS included her name as well. I did not have the title, but he insisted they needed it right then. They drove off without the title. I tried to get the title to them in a timely fashion, but failed. I gave her another car, because I felt obliged. I recently received a citation for that car. I have been asking for it back. I told her that I would pay the citation if she would just return my car. She is claiming it's not mine, because of the bill of sale, even though I gave her another car instead. I made a terrible mistake dealing with these people, who are way out of my class. I asked her ample times in a firm manner. She is claiming that she neither has nor knows where it is. She has asked me to leave her alone. I am afraid I will have to pay for more citations. What are my options? What can I do?

 

[army judge]

If I were you, I'd start by reporting the matter to the police.
After the police have met with me, then I can see if I have options other than a small claims lawsuit.
Unfortunately, you may have no options, given that they have what appears to be a valid bill of sale.
Every so often the hunter gets captured (or outfoxed) by his potential prey.

 

[j4m1025]

Forgive me, as I am a apparently a brand new hunter... But the actual sale was made six months ago. I wonder if that will make a difference.

 

[army judge]

Forgive me, as I am a apparently brand new hunter... But the actual sale occurred six months ago. I wonder if that will make a difference.

You see, that's your biggest problem.
They have a bill of sale, which usually indicates "PAID IN FULL".
They also don't have a title which the law requires they should have been given along with the bill of sale.
The fat that you were unable to locate it, is part of the reason things ended up in a troubled state.

They could make the argument that they own the car, and you failed to sign over the title.
You didn't mention titles and all for the second car that you so generously gave them to make up for the issues with the first car.
However, the prey failed to exercise due diligence by paying you before they received the title.
That could be why they whined loudly enough for you to give them the second car.

This is what the DMV says must be done at the time one sells a car in CA:

The number of days you have to transfer ownership of a vehicle you purchased or sold.

Buyer
If you purchase or acquire a vehicle from a private party, you have 10 days from the date of sale to report to DMV the change of ownership. Transfer fees must be paid to DMV within 30 days of the purchase date, even if you do not have all of the required documents. Failure to pay your fees to DMV within 30 days will result in transfer and use tax penalties.


Seller
If you sell or transfer ownership of a vehicle to another party, you have 5 days to report the transfer to DMV. You do this by completing a Notice of Transfer and Release of Liability. https://www.dmv.ca.gov/portal/dmv/detail/online/nrl/welcome


When selling a California registered vehicle, the registered owner of record must:

Release ownership by signing on line one of the title.
If the vehicle is, or was financed, the lienholder's name appears in the legal owner section and their release with counter signature is required on line two.
Provide the purchaser with evidence of a valid smog certification, if applicable.
Smog certificates are good for 90 days from the date of inspection. The smog certification is not required if the owner or buyer signs a statement that smog certification was submitted with renewal fees within 90 days prior to the transfer date (a vehicle inspection report may be required for proof of certification).

Recent legislation changed the requirements for vehicle transfers occurring on or after January 1, 2005. When you transfer a vehicle that is four or less model years old a smog certification will not be required. The four or less model years old rule does not apply to diesel powered vehicles. A smog transfer fee will be collected from the new owner. When a vehicle is more than four model years old, evidence of a current smog certification must be provided by a seller except when the following occurs:
The transfer occurs between a spouse, domestic partner, sibling, child, parent, grandparent, or grandchild.
A biennial smog certification was submitted to DMV within 90 days prior to the vehicle transfer date (a vehicle inspection report may be required for proof of certification).
Provide the odometer mileage if the vehicle is less than 10 years old (Vehicle/Vessel Transfer and Reassignment Form, REG 262). If the title does not have a designated space for this information, a REG 262 reporting the odometer mileage must be signed by both the seller and buyer. The REG 262 cannot be copied. An original must be submitted. To obtain a form by mail, call DMV's automated phone service 24 hours a day, 7 days a week at 1–800–777–0133. To speak to an operator call between the hours of 8 a.m. and 5 p.m. Monday – Friday, Pacific Standard Time, or pick one up from your local DMV.
Protect Your Liability. Complete a Notice of Transfer and Release of Liability. The seller is responsible for reporting the change of ownership to DMV within 5 days from the date of sale. After DMV updates the information from the Notice of Transfer and Release of Liability, you will be cleared from future liability on the vehicle. The purchaser is responsible for reporting the change of ownership to DMV within 10 days from the date of purchase.

https://www.dmv.ca.gov/portal/dmv/?1dmy&urile=wcm:path:/dmv_content_en/dmv/vr/vr_info#BM2520

All I know is that you have a mess, and you probably will owe some hefty fines or penalties to the state for these oversights.

 

[j4m1025]

Judge, I don't make many mistakes like this and I am willing to pay for it. I just don't want it dangling out there, open ended. I called the police station as you had suggested, they told me I could contest the citation, but the car is still technically mine, since the title is registered in my name. I had just moved from Washington state, too, so they do have WA plates with expired tags. They seemed like they needed it so badly and that it would help out so much. I need a personality adjustment, I know. Any thoughts on my next steps, before I sign off? Do you think reporting it stolen would do more harm than good?

 

[army judge]

Judge, I don't make many mistakes like this and I am willing to pay for it. I just don't want it dangling out there, open ended. I called the police station as you had suggested, they told me I could contest the citation, but the car is still technically mine, since the title is registered in my name. I had just moved from Washington state, too, so they do have WA plates with expired tags. They seemed like they needed it so badly and that it would help out so much. I need a personality adjustment, I know. Any thoughts on my next steps, before I sign off? Do you think reporting it stolen would do more harm than good?

The bill of sale you gave them will be a problem if you report the car as stolen.

Those two could be a two person gang...

I suggest you talk to a couple local lawyers next week and see what suggestions you can acquire.

 

[j4m1025]

He Left Without The Bill of Sale

The bill of sale you gave them will be a problem if you report the car as stolen.

Those two could be a two person gang...

I suggest you talk to a couple local lawyers next week and see what suggestions you can acquire.

I just remembered that her boyfriend left without the Bill of Sale and I cannot find it anywhere. What does this change? She is claiming to have the Bill of Sale, but in fact, she does not. What now?

 

[army judge]

I just remembered that her boyfriend left without the Bill of Sale and I cannot find it anywhere. What does this change? She is claiming to have the Bill of Sale, but in fact, she does not. What now?

No bill of sale, there was no sale.

It is never a good idea, but I know of sellers that market in used car flesh and let the potential buyer take the car away overnight to test drive it and get it checked by the potential buyer's mechanic.

If they don't have that bill of sale, SIGNED by you of course, possession of your car might be considered car theft.
In some jurisdictions its called "conversion".
Either way, its a crime.